Originally Posted by Greg Shaffer
Boy do we have some fundamental differences here lol
I disagree whole heartedly, the reason we have USSC opinions that are so complex is LAWYERS ARE INVOLVED and they have PERSONAL BIASES. In fact, things would be a LOT easier and less complex without lawyers at all....between lawyers and bankers I am not sure which is worse unless its someone who is both. Between the two though they have managed to lead this nation to the brink of ruin IMO.....
The language of the Constitution and the BOR is not all that complicated, rather simple in fact and where it isnt there are the writings of the founders to clarify it.....but that has not stopped lawyers from twisting it into a pretzel to serve their own ends and biases.
Hi Greg:
Thanks for the well thought out reply. Personally, I think nothing is simple once you really dig into it. I think this is true of the law, medicine, plumbing, electrical work, teaching or any other profession. Consider the 2nd amendment. I am pretty sure you think it is simple, and on the surface it is.
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."Ok, but what do the first two clause mean: "A well regulated Militia...being necessary to the security of a free State..."? the founders could have left that off, but they did not. Are these meaningful limitations on the key third clause? This is an issue lawyers and courts have been wrangling with forever.
What are "Arms?" Another issue that has been litigated forever. The definition of "Arms" and the historical context of the 2d Amendment were at the core of Scalia's Heller opinion that preserved the right to carry conventional modern defensive weapons and modern hunting weapons.
Some people would argue that arms in proper historical context means muskets and knives. I know from past discussions that you and I both would disagree with these people. Why do we disagree? Other folks would argue that arms includes any weaponry. Bazookas, hand grenades, bombs and so on. I know from past discussions that you and I both would disagree with them too. But why?
What does "infringed" mean in context? Why is a waiting period OK, but a ban is not?
My point is that simple language is not always simple to apply or simple to interpret.
I personally am OK with the current state of the law. It is legal to own/use modern handguns and rifles for defense or hunting. Background checks are legal. Total bans are not. Military arms like grenades and bazookas are illegal and so on. But getting from 1791 to 2022 required a lot of lawyers and judges really digging into tough interpretational issues.
Jim